Pritzker set to sign legislation protecting patients, healthcare manufacturers

[June 20, 2024]  By Catrina Petersen | The Center Square

(The Center Square) – Two bills concerning healthcare are on the governor's desk ready to be signed.

One protects hemophiliacs against prior authorization abuses, and the other protects manufacturers and distributors of menstrual products.

Prior authorization is a practice in which doctors must get prior approval from insurance companies or Medicaid to treat their patients in the way they see fit or risk the treatment not being covered.

A bill expanding protections from prior authorization for those with bleeding disorders is on the governor’s desk.

State Rep. Bill Hauter, who doubles as an emergency room physician, co-sponsored House Bill 4055. The bill bans prior authorization and Hauter sponsored the legislation with Democrats. Hauter explained a provision of the bill that specifically benefits those with bleeding disorders.

“This amendment addresses pre authorization abuse … specifically this amendment focuses on hemophiliacs or those with bleeding disorders and the pre authorization required if they have an emergency condition and require medications. They will now be allowed to skip the emergency department and go directly to their specialist and avoid an emergency department visit,” said Hauter.

State Sen. Dave Koehler co-sponsored the legislation in the Senate.

“This bill amends the Prior Authorization Reform Act to prohibit prior authorization for drug therapies approved by the U.S. Food and Drug Administration for the treatment of hereditary bleeding disorders any more frequently than 6 months or the length of time the prescription for that dosage remains valid, whichever period is shorter,” said Koehler. “This bill was brought to me by Rep. Hauter and he works in the emergency room and understands upfront and close how this affects patients.”

Illinois state Sen. Dave Koehler, D-Peoria
Greg Bishop / The Center Square

The bill is expected to be signed by the governor. House Bill 4055 amends the Prior Authorization Reform Act. Separately, House bill 5395 aims to ban “predatory insurance practices,” including a form of prior authorization. HB 5395 has yet to be sent to the governor. Gov. J.B. Pritzker has expressed he wants Illinois to be the first state in the nation to ban prior authorization for in-patient adult and children's mental health care.

House Bill 4264 is on the governor's desk and seeks to protect manufacturers and distributors of menstrual products from being held liable or illness contracted by users due to the age or nature of the product.

State Rep. Barbara Hernandez sponsored the bill in the House. The bill also protects nonprofits from being held liable.

“It would allow nonprofits to not be liable if a product is damaged. Right they [nonprofits] could get sued if someone feels it might not be a proper item. This will protect non profits,” said Hernandez.

State Sen Meg Loughran Cappel carried the measure in the Senate.

“It provide that when a non profit organization receives a donation of menstrual products for distribution and reasonably inspects those products and finds that menstrual product apparently usable, the non profit shall not be held liable for any civil action except for willful conduct,” said Loughran Cappel.

House Bill 4264 is expected to be signed by the governor.

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